2. The costs of the lawsuit are assessed against the defendant.

3...

A. On June 27, 2014, the Plaintiff is a housing redevelopment and rearrangement project association that implements a housing redevelopment project in the area of 87,883.6m2 of the Yongsan-si, Yongsan-gu, Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Special Metropolitan City”) upon authorization to implement the project. The Plaintiff received the approval of the management and disposal plan from the original market on June 19, 2015, and the Changwon Special Metropolitan City announced the management and disposal plan on June 19,

B. The defendant is the owner of the building indicated in the attached list included in the improvement zone of the above project, who has not filed an application for parcelling-out, and has occupied the above building up to now.

C. On July 26, 2016, Gyeongnam-do Regional Land Expropriation Committee decided to expropriate the above building and its site as of 45,920,700 won and September 19, 2016 from the date of expropriation. The Plaintiff deposited the full amount of the above compensation to the Defendant on September 6, 2016.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 3, 7 to 10, and the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54.” Thus, when the approval of the management and disposal plan is publicly announced, the use or profit from the former land or building owner, etc. shall be suspended, and the project implementer shall be allowed to use or benefit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant who lost the right to use or benefit from the above public announcement of the management and disposal plan is obliged to deliver

3. The defendant's assertion is determined by the management and disposal plan of the original market.